Ariz. Federal Judge Dismisses GBCA Claims Without Prejudice
April 7, 2020
PHOENIX — An Arizona federal judge has adopted a magistrate judge’s findings that failure-to-warn and defective design claims in a lawsuit targeting linear gadolinium-based contrast agents are preempted by federal law.
In a March 26 order, Judge Rosemary Marquez of the U.S. District Court for the District of Arizona agreed with the magistrate judge that the plaintiff did not plausibly allege that defendants could have changed their labels under the FDA’s Changes Being Effected regulation.
The judge further agreed that the plaintiff’s proposed change to defendants’ linear GBCA products would constitute a major change under applicable state regulations and would …